Meena Hashmi vs Smt Zareen Afshan
2023 Latest Caselaw 2954 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9784 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code

of Criminal Procedure (for short 'Cr.P.C.') by the

petitioners/accused Nos.2, 4 to 6 to quash the proceedings in

C.C. No.6881 of 2022 on the file of the XV Additional Chief

Metropolitan Magistrate at Hyderabad, registered for the

offences under Sections 498-A, 406, 506 of the Indian Penal

Code (for short 'IPC') and 4 and 6 of Dowry Prohibition Act,

1961.

2. Heard learned counsel for the petitioners/ accused Nos.2,

4 to 6 and Sri S.Ganesh, learned Assistant Public Prosecutor

for respondent No.2 - State. Perused the record.

3. It is the contention of learned counsel for the petitioners/

accused Nos.2, 4 to 6 that basing on the complaint lodged by

respondent No.1, a case was registered against the

petitioners/accused Nos.2, 4 to 6 and others for the alleged

offences punishable under Sections 498-A, 406, 506 of IPC and

4 and 6 of Dowry Prohibition Act, 1961. It is contended that the

marriage between the accused No.1 and respondent No.1 was

performed on 04.11.2006 and the same is love marriage. Since

the date of marriage, accused No.1 and respondent No.1 lived

separately in India and abroad and the petitioners/accused

Nos.2, 4 to 6 have never interfered in the family life of them. As

per the Charge Sheet, accused No.1 left the India in the year

2014 and since then, respondent No.1 is residing with her

parents at their residence and after a period of eight years, the

present complaint has been foisted as an afterthought.

Therefore, it is a fit case to quash the petition.

4. On the other hand, learned Assistant Public Prosecutor

vehemently opposed to quash the petition contending that after

due investigation, the Police have filed a charge sheet against

the petitioners/accused Nos.2, 4 to 6 and others. Therefore, it

is not a fit case to quash the petition.

5. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.2, 4

to 6, who are the mother, sisters and brother of accused No.1,

the appearance/attendance of the petitioners/accused Nos.2, 4

to 6 before the XV Additional Chief Metropolitan Magistrate at

Hyderabad, in C.C. No.6881 of 2022, is dispensed with, unless

their presence is required by the trial Court for a specific

purpose or at the time of recording their examination under

Section 313 Cr.P.C. and on the date of pronouncement of

judgment.

6. Further, the petitioners/accused Nos.2, 4 to 6 are at

liberty to file an application before the trial Court seeking their

discharge. On such application being filed, the trial Court shall

dispose of the same on merits within three weeks from the date

of filing of the said petition, without being influenced by any of

the observations made by this Court.

7. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 MYK

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.9784 OF 2023

Date: 06.10.2023 MYK